November 2025: Essential Hong Kong Case Updates

Administrative Law — Judicial review — Secretary for justice — Legislative provisions for parent and child — Form of birth certificate — Baby of female same sex couple with pregnancy as a result of reciprocal in vitro fertilization or reception of oocytes from partner — Registration of gestational mother as mother — Refusal to register biological mother as mother or parent — Whether restriction disproportionate and unlawful discrimination — Births and Deaths Registration Ordinance (Cap 174) Sch 2, Form 1 — Hong Kong Bill of Rights Ordinance (Cap 383) arts 14, 19, 20, 22 — Parent and Child Ordinance (Cap 429) ss 6, 9, 11

Human Rights — Privacy — Right to family — Right of child — Equality before law — Legislative provisions for parent and child — Form of birth certificate — Baby of female same sex couple with pregnancy as a result of reciprocal in vitro fertilization or reception of oocytes from partner — Registration of gestational mother as mother — Refusal to register biological mother as mother or parent — Effect of declaration of ‘parent’ under law — Whether restriction disproportionate and unlawful discrimination — Births and Deaths Registration Ordinance (Cap 174) Sch 2, Form 1 — Hong Kong Bill of Rights Ordinance (Cap 383) arts 14, 19, 20, 22 — Parent and Child Ordinance (Cap 429) ss 6, 9, 11

Words and Phrases — ‘Father’ — ‘Mother’ — Births and Deaths Registration Ordinance (Cap 174) Sch 2, Form 1

Words and Phrases — ‘Parent’ — Parent and Child Ordinance (Cap 429) s 6

Action — Stay of proceedings — Forum non conveniens — Whether Hong Kong or Mainland China clearly and distinctly more appropriate forum — Whether new evidence admissible — Leave to appeal — High Court Ordinance (Cap 4) s 14AA(4)

Discovery — Norwich pharmacal relief — District Court’s jurisdiction to grant Norwich Pharmacal orders — Statutory jurisdiction on pre-action discovery — Inherent jurisdiction — Implied jurisdiction — Whether order sought imprecise — District Court Ordinance (Cap 336) ss 3, 47A, 47B, 48, 52 — Rules of the District Court (Cap 336H) O 24 r 7A

Negligence — Personal injuries — Food delivery worker — Requirement to work under typhoon signal no 8 — Safe system of work — Messages to riders — Contributory negligence — Quantum of damages — Open fracture of patella — Psychiatric condition

Solicitors — Disciplinary proceedings — Professional misconduct — Allowing clerks to arrange for files of clients of another firm to be transferred to own firm without express consent — Influencing termination of retainers with other firm — Admissibility of statements of clients — Hearsay — Right to cross-examine in disciplinary proceedings — Relief — Remitter — Evidence Ordinance (Cap 8) s 47(1) — Legal Practitioners Ordinance (Cap 159) s 2(2) — Solicitors Disciplinary Tribunal Proceedings Rules (Cap 159C) rr 14, 35 — Solicitors Practice Rules (Cap 159H) r 2(a), (b), (d)